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Can You Request that the Biological Father Consent to a Stepparent Adoption if You Waive Past Due Child Support in Orlando, Florida?

Florida law is clear that parents may not contract away the rights of their children to support, as that right belongs to the children, not the parents. Agreements that contract away child support are void and therefore unenforceable as contrary to public policy. An agreement purporting to terminate parental rights is therefore void as a matter of public policy. 

Oral v Oral Case

In Oral v Oral, 46 Fla.L.Weekly D1729 (Fla. 5th DCA 2021), the appellate court noted that the stipulation was void as contrary to public policy to the extent that the stipulation sought to terminate parental rights in exchange for elimination of past due child support. However, because the former husband never challenged the stipulation on public policy grounds, the court declined to reverse the ratification of the stipulation on public policy grounds. 

In the Oral case, the stipulation purported to extinguish all prior owed child support and abate any child support in the interim between the stipulation and the ultimate termination of parental rights order and adoption. However, a judgment of adoption only relieves the parent from the obligation to make future child support payments once the child has been adopted. 

The stipulation also sought to exchange the former husband’s parental rights for the derogation of the child’s right to support that had accrued. Such agreements run into the teeth of Florida’s strong public policy to provide support for children by their parents, and not to countenance circumvention of a parent’s duty to support his or her children. 

However, the husband in this case never challenged the stipulation on public policy grounds, either at the trial level or on appeal. While the husband, in his initial brief, claimed an infringement of his constitutional rights, it lacked any argument that the stipulation was void as contrary to public policy; nor did he raise fundamental error as a basis for error as a basis for reversal. 

If you have more questions regarding an Adoption or Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.